Not a Lexis+ subscriber? Try it out for free.

Immigration Law

Practice Advisory: Advocating for Prosecutorial Discretion in Removal Proceedings Under the Doyle Memo

NIPNLG, ILRC, June 21, 2022

"... The guidance in the Doyle memo covers various decisions made by OPLA attorneys in removal proceedings, particularly regarding filing Notices to Appear (NTAs), dismissal of proceedings, administrative closure, stipulations to issues and relief, continuances, appeals, joint motions to reopen, bond proceedings, and waiving appearances at hearings. Note that the OPLA guidance does not constitute any change in immigration law; it clarifies the use of existing discretionary authority. Though the guidance encourages OPLA attorneys to exercise PD for individuals who are not deemed enforcement priorities (nonpriorities), OPLA attorneys continue to have broad discretion to make their own assessments and pursue removal. This practice advisory provides key information on the Doyle memo and practice tips for advocating for PD with OPLA. ..."